“Plaintiff claims that he was harmed because Defendant was negligent in constructing and maintaining an altered portion of the sidewalk next to her property. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant [or a previous owner] altered [or requested the city to alter] the portion of the sidewalk that caused
the harm; 2. That the alteration provided a benefit solely to Defendant’s property; 3. That the alteration served a purpose different from ordinary sidewalk use; 4. That Defendant failed to use reasonable care in creating or maintaining the altered portion of the sidewalk; 5. That Plaintiff was harmed; and 6. That Defendant’s negligence was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
