Ludwig

O’NEILL, J.

Plaintiffs Frank Ludwig and his wife Lori Ludwig filed an action against the City of San Diego (the City) and Bill Jones, a traffic inspector employed by the City, seeking damages for injuries Frank suffered at his job when an excavated trench collapsed on him and for Lori’s loss of consortium. The complaint alleges Jones caused the trench to collapse by negligently or intentionally delaying the laying of pipe and slurry in the trench. Ludwig appeals a summary judgment in favor of defendants, contending the court erred in concluding Jones did not owe him a duty of care. We affirm.

Factual and Procedural Background

At the time-of the accident, Ludwig was working for PCL Civil Constructors (PCL) as a foreman on a contract to lay nine-foot-diameter water pipe in an excavated trench at 70th Street and El Cajon Boulevard in San Diego. Before starting the work, PCL obtained the City’s approval of a traffic control plan for the job and a traffic control permit, as required by ordinance. The traffic control plan and permit issued to PCL provided that work on the construction site could not start before 9 a.m. and had to stop by 3 p.m. The plan also required that…