Jackson v. Donahue

McHUGH, Justice:

This case is before this Court upon two certified questions from the United States District Court for the Northern District of West Virginia. W.Va.R.App.P. 13. The plaintiff is Cassandra Dianne Jackson, and the defendants are Harvey L. Donahue and Builders Transport, Inc. (hereinafter “BTI”). The case involves the issue of whether the plaintiff may seek the self-insurance proceeds of BTI as part of her recovery in a personal injury action.

I

The plaintiff, who was an unauthorized passenger in a freight track owned by BTI, brought an action in federal district court against the…