Mark Hemphill was a football player for Southern Illinois University. He sustained injuries to his spine when he was hit while wearing a helmet manufactured by Riddell Sporting Goods, Inc. He brought suit against the university’s athletic director (Gale Sayers), the football coach, the trainer, the manufacturer of the helmet, and the merchant from whom the helmet was purchased by the university. 

He sought to recover based on claims of negligence, strict liability, and breach of implied warranties. Riddell sought to have the claim of breach of implied warranties against it dismissed on the grounds there was no privity of contract between it and Hemphill. Should Hemphill’s breach of warranty claims against Riddell be dismissed on the grounds there was no privity of contract between it and Hemphill?