William Backer and Joye Walford received final summary judgment in a premises liability case involving a trip and fall on an uneven sidewalk in a residential subdivision. William and Joye argued that the minimal elevation difference (¼ to ½ inch) between sidewalk slabs was open and obvious, and not inherently dangerous as a matter of law. The Plaintiff claimed the sidewalk violated four codes, two of which were county ordinances, but did not produce the codes. The trial court initially granted summary judgment for the negligent failure to warn claim but denied it as to the count alleging negligent failure to reasonably maintenance the sidewalk, citing a possible Life Safety Code violation.

William and Joye filed for reconsideration, arguing the court considered evidence not in the record. The Plaintiff abandoned her reliance on the Life Safety Code and two other codes, introducing a new code and one not adopted by the ordinance, requesting judicial notice of these codes. The court granted reconsideration, refused to consider the new code, and held that judicial notice was improper for the non-adopted code. Without evidence of a code violation, the court granted full final summary judgment.