In defense of a roadway engineering firm, Elizabeth Sharrock's summary judgment in a trial court was affirmed by the Oklahoma Court of Civil Appeals. At issue was whether an engineer’s alleged negligence in designing a construction zone, if taken as true, was the direct cause of the plaintiff’s injury.

The case arose out of a motor vehicle accident near a construction zone, resulting in serious bodily injury. The plaintiff, supported by an expert witness, attempted to show that designers and contractors involved in the highway construction project created a hazard (traffic congestion) that caused or contributed to the collision.

Elizabeth established that the actions of a distracted driver constituted an intervening cause, regardless of alleged negligence on the part of defendants. The Court of Civil Appeals affirmed the grant of judgment, finding “the record demonstrates as a matter of law that [the distracted driver’s] actions constitute an unforeseeable intervening cause, and Defendants’ acts and omissions were a mere condition for which they are not liable”.