Bresnahan

In this product liability case, the court granted a nonsuit after plaintiff’s opening statement, even though it was conceded that plaintiff had stated a prima facie case under the “risk-benefit” theory of Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413 [ 143 Cal.Rptr. 225 , 573 P.2d 443 , 96 A.L.R.3d 1 ] (Barker). The court did so in order to enable appellate review of its in limine ruling that plaintiff would be confined to that theory, and not be allowed to present her case under the alternative Barker test of “consumer expectations.” We reverse the nonsuit, and direct that plaintiff be allowed to proceed using the consumer expectations test.

I.

Plaintiff Mary Bresnahan brought this action against defendants Chrysler Corporation and Barish Chrysler (collectively Chrysler) for personal injuries she suffered on June 3, 1990. As summarized in plaintiff’s opening statement, on that date plaintiff, driving her 1988 Chrysler LeBaron, “rear-ended” another car at low speed. When the collision occurred, the LeBaron’s passive restraint air bag inflated, forcing plaintiff’s left arm and hand upward. Her hand struck the LeBaron’s overarching windshield, cracking it, and her…