Robert J. Smith and Kazuko Smith v. Allstate Insurance Company

(dissenting) :

With deference, I dissent. I think that summary judgment was improvidently granted below in favor of Allstate Insurance Company.

Mr. and Mrs. Smith suffered personal injuries to an extent assessed by a State Court jury at $150,000. These injuries were caused when the Smiths, pedestrians at the time, were struck by a Ford Thunderbird automobile driven by Sandra Wolf, a 19 year old University of Texas co-ed, and concededly a permanent North Dakota resident. If Sandra Wolf was (1) a resident member of her father’s Bismarck, North Dakota, household, temporarily sojourning in Texas, *109an…