Farmer disabled in assault by Herr son sues for damages

Posted: September 14, 2005

On Sept. 28, 2003, Thomas Price was a hardworking poultry farmer in Nottingham; before the day ended, he became the victim of a crime that terminated his career.

Last week, Price and his wife, Melissa, filed a lawsuit against snack-food executive Edwin Herr; his ex-wife, Flora A. Herr McBride; and their two sons, Jared Nathaniel Herr, 22, and Jonathan Herr, 19.

The suit, prepared by lawyer Richard E. Meanix, seeks compensatory and punitive damages from the Herrs for an assault that left Price, 43, with crippling injuries, and landed Jared Herr in jail.

Edwin Herr, executive vice president of Herr Foods Inc. of Nottingham and a presence on some of the potato-chip company's billboards, said yesterday that he had not been notified of the suit.

Herr said he could not comment on the litigation, but he could address the situation.

"I believe people need to take full responsibility for their actions, and we will always try our best to do what's right," he said.

Meanix said that what happened to Thomas Price was tragic. "We're looking forward to doing our utmost to get him a just outcome in this highly unusual case," Meanix said.

Witnesses at the criminal trial of Jared Herr said an altercation began at a party on the Herr property, where Jared Herr was arguing with his ex-girlfriend. Herr acknowledged following her to the neighboring Price farm, where he was joined by his brother, Jonathan.

Both brothers admitted that they refused to leave the Price property. The Prices testified that the brothers yelled profanity-laced threats and warned the Prices not to mess with Herrs, who could "own them."

Jonathan Herr, who was adjudicated delinquent because of his age at the time, said he grabbed Thomas Price because he thought his brother was being threatened. Doctors testified that Price sustained permanent disabilities.

After a nonjury trial in May 2004, Chester County Court Judge John L. Hall convicted Jared Herr of terroristic threats, criminal trespass, and lesser offenses. On July 28, 2004, the judge sentenced Jared Herr to spend six to 18 months in prison. He was paroled on Jan. 28, according to court records.

The lawsuit says that the pair's parents failed to exercise "reasonable care" to control their sons, especially Jonathan Herr, "having previously known of his propensity to engage in activities harmful to other persons."

Contact staff writer Kathleen Brady Shea at 610-701-7625 or kbrady@phillynews.com.

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