CHARLESTON – Another victim of a violent Charleston crime spree has sued the owner/operator of the Kanawha City McDonald’s where the violence began and where the man arrested worked.
James W. Ramsey of Charleston filed his complaint February 12 in Kanawha Circuit Court against J.W. Ebert Corporation.
According to the complaint, Ramsey was stabbed in the neck and head by Percy Woody, suffering serious and permanent injuries. Ramsey was at the restaurant the morning of December 27 to perform service on the grill and ice machine as an employee of a hired third-party company when Woody began his attack with a box cutter.
Griffith
| File photo
“On the day of the attack, my client was simply trying to do his job and perform maintenance on some McDonald’s equipment when he found himself in the middle of a nightmare that was entirely preventable,” attorney Truman C. Griffith told The West Virginia Record. “After being attacked and stabbed in the neck and head by Percy Woody, James now has permanent scarring, both physical and mental, and continues to seek medical treatment.”
Woody injured Ramsey and two others at the restaurant before he walked out of the store and injured another person a few blocks away. He soon was arrested by Charleston Police.
Last month, two of the other victims filed lawsuits against J.W. Ebert Corporation.
Woody had a long history of violence, which the complaint says was readily accessible for J.W. Ebert Corporation to find online.
Police records show he was arrested and charged with malicious wounding on January 30, 2018, after he stabbed a man five times following a verbal dispute. He entered a guilty plea later that year and was sentenced to one year of probation.
On August 17, 2019, Woody again was charged with malicious wounding after stabbing someone in the face with a box cutter. He entered a guilty plea and was sentenced to 1-3 years in prison.
On December 2, 2021, Woody pulled a knife on officers and first responders who had been called to a drug store and found him heavily impaired. He was charged with battery of an officer, brandishing a weapon, obstructing and/or resisting an officer, public intoxication and fleeing on foot. He entered a guilty plea and was sentenced to 180 days in jail.
On April 25, 2022, Woody attempted to take a police officer’s gun and tried to stab an officer with a box cutter after authorities were called to Gabe’s Department Store because Woody was harassing customers and was heavily impaired from drug use. This was 25 days after he was released from jail for the 2021 offense. He entered a guilty plea and was sentenced to 1-3 years in prison.
Woody was released from prison October 31, 2023. Less than three weeks later, he applied to work for Ebert at McDonald’s.
After hiring Woody, the complaint says the company knew he carried a box cutter to work, was routinely under the influence of drugs, created an unsafe work environment and posed a risk of harm or injury to others.
The owner of the McDonald’s issued a statement after the incident expressing shock and sadness.
“Nothing is more important than the safety of our employees and customers,” John Ebert said. “Right now, we’re focused on supporting our people with time off and counseling services, and assisting law enforcement with this active investigation. Please contact the Charleston Police Department with any further questions.”
J.W. Ebert Corporation also is no stranger to the dangers of hiring employees with a history of violence.
In January 2023, an employee of the company’s Elkview McDonald’s location stabbed a customer in the face and neck at the restaurant. That civil lawsuit still is pending.
The Ramsey complaint accuses J.W. Ebert Corporation of respondeat superior; negligent hiring, selection and retention; negligent training and supervision; and premises liability.
“Had J.W. Ebert Corp. done even a minimal background check on Percy Woody, it would have found that he presented an enormous risk of danger to customers, employees, and others on their property,” Griffith told The Record. “The most egregious part of this case is that the defendant has a history of hiring these dangerous individuals to work at its McDonald’s locations, as we laid out in our complaint.
“We intend to hold J.W. Ebert Corp. accountable for Mr. Ramsey’s damages, and hopefully help to prevent this from ever happening again in our community.”
He seeks compensatory damages for physical pain and suffering, mental anguish and suffering, annoyance and inconvenience, emotional distress, loss of capacity to enjoy life, medical expenses, lost wages and future physical impairment as well as punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Ramsey is being represented by Truman C. Griffith of Warner Law Offices in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 24-C-137