Smith v. Sherman

In Smith v. Sherman 197 Ga. App. 183 (397 S.E.2d 617) (1990), the driver was using his father's car when the collision occurred. The family - including the driver and the father's wife - lived in Georgia, but the father had established a separate residence in Louisiana due to a job transfer. He retained his Georgia driver's license, did not obtain a Louisiana driver's license, and did not register to vote in Louisiana. More importantly, the father returned to the family home in Georgia on the weekends. In light of this evidence of dual residence, the Court held that whether the father and son were members of the same household was a question for the jury. The Court did not hold that two people may be members of the same household under the family purpose doctrine even if they do not live together.