William C. Burnett v. Jesus Hernandez and Atilano Hernandez

Burnett was injured when his car collided on an Oregon Highway with a truck owned by Atilano Hernandez and driven by Jesus Hernandez. Burnett sued in an Oregon state court for his damage and the case was removed to the U. S. District Court for the District of Oregon upon the ground of diversity of citizenship and the requisite amount in controversy. Jesus Hernandez counterclaimed for injuries he received in the accident. The jury denied relief to all parties.

On appeal, Burnett has only one point. He says that the court let into the evidence before the jury while Dr. Donald D. Smith, Burnett’s physician, was testifying the fact of the existence of Oregon workmen’s compensation benefits paid to Burnett or to his doctor for Burnett’s account. The background fact was that Dr. Smith had been paid $109.25 by the state industrial commission for treating Burnett. This was all the doctor could get from the commission because of a fee schedule established unilaterally by the commission. Still Dr. Smith’s total bill was $380, or apparently $270.75 above the official fee. On direct examination by plaintiff’s counsel, Dr. Smith had testified his bill for services to plaintiff was $380 and…