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JACKSON v. DONAHUE

No. 22282.

457 S.E.2d 524 (1995)

193 W.Va. 587

Cassandra Dianne JACKSON, Plaintiff, v. Harvey L. DONAHUE and Builders Transport, Inc., a Virginia Corporation, Defendants.

Supreme Court of Appeals of West Virginia.

Decided April 14, 1995.

Attorney(s) appearing for the Case

Barry M. Hill, Weirton, W. Eric Cloud, Washington, DC, for plaintiff.

James A. Varner, McNeer, Highland & McMunn, Clarksburg, for defendant, Harvey L. Donahue.

John E. Busch, Busch & Talbott, Elkins, Alan M. Gelb, Pamela A. Phillips, Christopher A. Marothy, Fischbein, Badillo, Wagner & Itzler, New York City, for defendant, Builders Transport, Inc.

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....

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