Brown, J.
Judith Short, as personal representative of the estate of David Short (the “Estate”), appeals the trial court’s grant of summary judgment in favor of Brookville Crossing 4060 LLC d/b/a Baymont Inns & Suites and MPH Hotels, Inc. d/b/a Baymont Inns & Suites (“Baymont”). The Estate raises five issues which we revise and restate as whether the court erred in granting Baymont’s motion for summary judgment. We affirm.
The relevant facts as designated by the parties follow. On the evening of January 3, 2009, at around 10:20 p.m., David Short checked into the Baymont Inn & Suites in Indianapolis, Indiana (the “Hotel”) with front desk clerk Laura Sentman. During check in, Short did not act peculiar in any way.
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At approximately 7 a.m., Gustavo Martinez, a Baymont maintenance employee, noticed Short lying outside the north door as he was driving around the corner of the Hotel and called the front desk, notifying General Manager Debbie Speziale, who had recently arrived and had walked in through the Hotel’s main entrance. Speziale and Devine proceeded to the north door and observed Short lying outside the door, and Speziale called 911 while Devine exited out another door and walked around the Hotel and back to the north door because he could not open the door due to Short lying in front of it. Devine checked for a pulse but was unable to locate one, and he observed that Short was purple and appeared to be dead. Ultimately, the Marion County Health Department pronounced Short dead at 7:38 a.m. from “Complications of acute alcohol intoxication and atherosclerotic coronary artery disease” and noted that “Environmental Cold Exposure” was a “Significant Condition[] Contributing To Death But Not Resulting In The Underlying Cause . . . .” Appellant’s Appendix at 89.
On November 13, 2009, the Estate filed a complaint for damages as a result of wrongful death and request for trial by jury alleging negligence by Baymont which caused Short’s death.
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… As noted in Baker, however, there are exceptions to this general rule and among them is a duty which arises from certain special relationships between the parties, described by § 314A of the Restatement (Second) of Torts as follows:
§ 314A. Special Relations Giving Rise to Duty to Aid or Protect
1) A common carrier is under a duty to its passengers to take reasonable action:
(a) to protect them against unreasonable risk of physical harm, and
(b) to give them first aid after it knows or has reason to know that they are ill or injured, and to care for them until they can be cared for by others.
(2) An innkeeper is under a similar duty to his guests.
(3) A possessor of land who holds it open to the public is under a similar duty to members of the public who enter in response to his invitation.
(4) One who is required by law to take or who voluntarily takes the custody of another under circumstances such as to deprive the other of his normal opportunities for protection is under a similar duty to the other.
Baker, 793 N.E.2d at 1207 (quoting RESTATEMENT (SECOND) OF TORTS § 314A (1965)) (emphases added).
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The rule advocated by the Estate would have the effect of expanding the scope of the “have reason to know” element of § 314A to instances in which the owner did not have knowledge of the situation of peril, rather than instances currently within its scope in which the owner knew of the situation but failed to recognize the peril that attached. See L.S. Ayres, 220 Ind. at 95-96, 40 N.E.2d at 338 (noting that the measure of the duty is “not unlike that imposed by the rule of the last clear chance or doctrine of discovered peril,” in which “the defendant must have had knowledge of the plaintiff’s situation of peril . . .”). We conclude that Baymont did not have reason to know of Short’s peril and thus the court did not err in granting its motion for summary judgment. See McCann v. Miller, No. 08-561, 2009 WL 4641713, at **1, 3, 6 (E.D. Pa. Dec. 7, 2009) (holding that hotel was entitled to summary judgment against plaintiff hotel guests where the plaintiffs were assaulted while on hotel property and the question was whether, under § 314A, the hotel “had reason to know that the assault was going to occur”).
For the foregoing reasons, we affirm the trial court’s grant of summary judgment in favor of Baymont.
Affirmed.
BAKER, J., and KIRSCH, J., concur.