(2) The publisher owed no duty of care to Plaintiffs. Soldier of Fortune and Omega seek dismissal of Plaintiffs' suit or summary judgment in their favor on three grounds: (1) The first amendment's protection of commercial speech prohibits the imposition of liability upon the publisher for the publication of the ad. Plaintiffs allege that Defendants Soldier of Fortune Magazine, Inc., and Omega Group, Ltd., were negligent in publishing the advertisement and in failing to investigate the nature of the ad. Hearn murdered Sandra Black on February 21, 1985. Robert Black, Jr., contacted Hearn through the advertisement, and, eventually, arrangements were made for Hearn to murder Black's wife Sandra. The ad read as follows: EX-MARINES 67-69 `Nam vets ex-DI-weapons specialist jungle warfare, pilot, M.E., high risk assignments U.S. In 1984, Defendant Soldier of Fortune ran personal services advertisements which Plaintiffs allege were thinly veiled offers of the services of hit men. Eimann, father of the deceased, has nonsuited.
Eimann and Gary Wayne Black are suing in their capacity as the mother and son of the deceased, Sandra Black. This is a wrongful death and survival action. Miller, Miller, Hale & Harrison, Boulder, Colo., for defendants. Callagy, Satterlee, Stephens, Burke & Burke, New York City, Robert B.
Thompson, Lorance & Thompson, Houston, Tex., Robert M. Franklin, Graham Hill, Hill, Parker, Franklin, Cardwell & Jones, Houston, Tex., for plaintiffs. SOLDIER OF FORTUNE MAGAZINE, INC., and Omega Group, Ltd., Defendants. EIMANN, Individually, as Next Friend of Gary Wayne Black, and as Representative of the Estate of Sandra Kay Black, Deceased, and Glenn G.
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