Forklift batteries can weigh from 1,000 to 4,000 pounds. Hoists are needed to switch them in and out. Alleging that a forklift battery fell on his foot when brackets broke on a “battery lifting beam” manufactured by Battery Handling Systems Inc., Kevin Cameron — an employee of a temp agency (Callos Resources) who had been assigned to work at Comprehensive Logistics Co. — sued the manufacturer for negligence, strict liability and breach of the implied warranty of merchantability. Attacking the merchantability claim (Count 3), Battery Handling Systems argued that Cameron’s allegations failed to satisfy the requirements for vertical and horizontal privity. But Chief U.S. District Judge Sara Darrow denied the motion. Cameron wasn’t obligated to allege that the manufacturer sold the device to Comprehensive Logistics. And although both sides had Illinois precedent on horizontal privity, the situation was closer to the case cited by Cameron. Cameron v. Battery Handling Systems, 20 CV 04079 (March 10).