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BYERLY v. CONNOR3/16/1992
latent hazardous condition by failing to ensure that the electrical outlet and wiring at the marina did not endanger public safety.
The words of a regulation must be given their plain and ordinary meaning without resort to subtle or forced construction to limit or expand the regulation's operation. Cf. Bryant v. City of Charleston, 295 S.C. 408, 368 S.E.2d 899 (1988). When read in context, it is apparent that
B. DUTY ARISING FROM UNDERTAKING
At common law, where there is no duty to act, but an act is voluntarily undertaken, the actor assumes a duty to use due care. Sherer v. James, 290 S.C. 404, 351 S.E.2d 148 (1986). Appellant contends that Santee Cooper owed a duty to discover and warn of the latent hazardous electrical condition because it undertook to inspect the dock at J & J Marina.
A land agent for Santee Cooper testified that he conducts yearly inspections of docks and piers solely for the purpose of ensuring that the docks and piers conform to structural requirements of permits issued by Santee Cooper. Thus, Santee Cooper has undertaken a limited duty to use due care to discover structural nonconformity with permits. We find that the trial judge did not err in holding that Santee Cooper's undertaking to inspect for structural conformity did not include a duty to inspect for a latent hazardous electrical condition at J & J Marina.
In sum, we discern, under the facts of this case, no duty on the part of Santee Cooper to have discovered and warned of the latent hazardous condition at J & J Marina. Summary judgment can be granted when plain, palpable, and indisputable facts exist on which reasonable minds cannot differ. Williams v. Chesterfield Lumber Co., 267 S.C. 607, 230 S.E.2d 447 (1976). We hold that the trial judge did not err in granting summary judgment to Santee Cooper on the ground that Santee Cooper had no duty to discover and
Affirmed.
CHANDLER, FINNEY, TOAL, JJ., and Acting Associate Justice GARDNER, concur.
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