“Plaintiff claims that he was harmed by an unsafe condition while employed by contractor and working on work that Defendant hired the contractor to perform. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant retained some control over contractor’s manner of performance of the contracted work; 2. That Defendant actually exercised her retained control over that work by Defendant’s negligence; 3. That Plaintiff was harmed; and 4. That Defendant’s negligent exercise of her retained control affirmatively contributed to Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
