Maldonado returned to the clinic when his condition worsened and this time the physician referred Maldonado to a pulmonologist. On October 22, 2013, Maldonado filed a lawsuit against Medivators, alleging strict liability, negligence, and breach of warranties. Medivators argued it should be inferred from this evidence Maldonado knew the cleaning chemicals were hazardous. Although not discussed by Medivators in the briefing, Maldonado also revealed during this deposition that Mandas referred him to the employee health nurse who did “nothing. ” Maldonado stated Cox “sent me back to work, told me that I was making things up, I was crazy. ” .           To support its motion, Medivators also relied on Maldonado’s response to an employee “Annual Health Assessment Questionnaire. ” On October 3, 2011, in response to a question about workplace safety issues, Maldonado wrote he was concerned about “‘exposure to fumes. ’” III. Medivators needed additional evidence to conclusively establish this affirmative defense, and the burden did not shift to Maldonado to refute the defense.

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