949 So.2d 784 (2006) Roy GILBERT, Appellant
v.
Martha Jean IRELAND, Appellee. No. 2004-CA-02340-COA. Court of Appeals of Mississippi.
August 29, 2006. Rehearing Denied November 28, 2006. *786 Susan Neelley O'Neal, Andrew N. Alexander, Greenville, attorneys for appellant.
James H. Walker, Cleveland, attorney for appellee.
EN BANC.
MYERS, P.J., for the Court.
¶ 1. This personal injury action is before the Court for a second time. In 2000, the Court reversed and remanded a one million dollar judgment on an evidentiary issue. Gilbert v. Ireland, 758 So.2d 1050 (Miss.Ct.App.2000). On October 29, 2003, in the Circuit Court of Bolivar County, a jury returned a verdict in favor of Martha Ireland for three million dollars on a theory of post-traumatic stress stemming from a minor automobile accident, which even Ireland's witness, Dr. Rodrigo Galvez, termed "a fender-bender." There were no issues going to property damage. Rather, the judgment was based on a theory of post-traumatic stress syndrome. The defendant, Roy Gilbert, appeals, asserting five issues, which we quote verbatim:
I. THE TRIAL COURT ERRED IN DENYING GILBERT'S MOTION TO DISMISS AND RENEWED MOTION TO DISMISS WHERE THE EVIDENCE SHOWED, AND THE TRIAL COURT ACTUALLY FOUND, THAT THE PLAINTIFF, MARTHA JEAN IRELAND, LIED REPEATEDLY, BOTH UNDER OATH AND TO HER TREATING PHYSICIANS, ABOUT HER MEDICAL AND PSYCHOLOGICAL CONDITION, THE SOLE ISSUE REMAINING IN THIS LAWSUIT. II. THE TRIAL COURT ERRED IN DENYING GILBERT'S MOTION TO EXCLUDE THE EVIDENCE OF IRELAND'S EXPERT, DR. RODRIGO GALVEZ, WHERE DR. GALVEZ'S TESTIMONY WAS BASED ON IRELAND'S FALSE STATEMENTS TO HIM, WAS NOT OTHERWISE SUPPORTED BY SUFFICIENT FACTS AND DATA, AND THUS DID NOT COMPLY WITH THE REQUIREMENTS OF M.R.E. 702 AND DAUBERT V. MERRILL DOW PHARMACEUTICALS, INC., 509 U.S. 579 (1993). III. THE TRIAL COURT ERRED IN DENYING GILBERT'S MOTION FOR DIRECTED VERDICT, AND FOR JUDGMENT NOTWITHSTANDING THE VERDICT, WHERE IRELAND'S PROOF AT TRIAL WAS INSUFFICIENT AS A MATTER OF LAW, CONSISTING ONLY OF HER OWN TESTIMONY AND THE TESTIMONY OF EXPERTS WHOSE ONLY RELEVANT OPINIONS WERE ADMITTEDLY BASED ON IRELAND'S FALSE STATEMENTS ABOUT HER CONDITION. IV. WHERE IT WAS ESSENTIAL TO GILBERT'S DEFENSE TO EXPOSE MS. IRELAND'S PREVIOUS FALSE TESTIMONY ABOUT HER DAMAGES, AND THAT FALSE TESTIMONY CONCERNED SENSITIVE SEXUAL MATTERS, THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL THE OPPORTUNITY TO QUESTION POTENTIAL JURORS IN VOIR DIRE ABOUT THEIR REACTION TO DISCUSSION OF SUCH SEXUAL MATTERS, AND IN DENYING DEFENSE COUNSEL THE ABILITY TO ADDRESS THE SUBSTANCE OF HER FALSE TESTIMONY IN HIS OPENING STATEMENT TO THE JURY. V. WHERE THE UNDISPUTED EVIDENCE PROVED THAT THE CAR ACCIDENT BETWEEN GILBERT AND IRELAND WAS A MINOR "FENDER-BENDER." AND THAT IRELAND HAD INCURRED ONLY $10,253.52 OVER TEN YEARS IN MEDICAL COSTS OSTENSIBLY RELATED TO THE ACCIDENT, *787 THE THREE MILLION DOLLAR JURY VERDICT WAS GROSSLY EXCESSIVE, AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE AND WAS THE PRODUCT OF BIAS, PREJUDICE AND IMPROPER PASSION. ¶ 2. Finding that the first three issues mandate reversing and rendering this action, the fourth and fifth will not be addressed.
FACTS