A former Bristol Hospital employee and patient who claims she was violently sexually assaulted by an outside surgeon there in 2011 has sued the doctor and the hospital, with the latter unsuccessfully attempting to dismiss all claims.

Judge Stefan Underhill issued a mixed ruling Monday on the hospital's motion to dismiss, allowing the suit to move forward on three of four counts. He rejected a count alleging negligence through an agent or supervisor but let stand claims of negligence and negligence in hiring, retention and supervision.

Laura Henry, an employee hired in 1986, was working as a surgical services associate when she claimed Dr. Olakunle Oluwole sexually assaulted her at the hospital, first by grabbing her in the entrance to his office and then forcing her to perform oral sex.

Oluwole was employed by the Bristol Hospital Multi-Specialty Group at the time, retaining staff privileges to practice at Bristol Hospital.

Henry, according to her lawsuit, became a patient of Oluwole's related to a lap band procedure. The assault allegedly occurred when she entered his office to discuss the procedure. Henry alleges the doctor grabbed her in the doorway and attempted to kiss her. Later, while performing a medical procedure, Oluwole “brutally and violently grabbed her hair” and forced her to perform oral sex.

The lawsuit alleges Oluwole repeatedly sexually harassed Henry, who did not report the alleged assault for 15 months. On one occasion, Henry alleges, Oluwole told her “she needed to have sex, so she [would] not develop cobwebs.”

Oluwole, who now lives in New Jersey, has an unlisted telephone number and could not be reached. His attorney, John Costa of Ryan Ryan DeLuca, did not respond to a request for comment.

Underhill let stand Henry's claim that the hospital was negligent in hiring, retaining and supervising Oluwole. The judge acknowledged that Oluwole was accused of sexual misconduct when he worked at two other hospitals before his duties at Bristol Hospital, writing: “Because I am required by law to draw all reasonable inference's in Henry's favor, I cannot find as a matter of law that Bristol Hospital should not have foreseen that Dr. Oluwole might engage in sexual misconduct when it hired him in 2009.”

Underhill added that the question arises whether Bristol Hospital should have fired Oluwole before officials became aware of the alleged assault against Henry. “There were numerous complaints detailing Dr. Oluwole's sexual misconduct before anyone at the hospital knew of the June 11. 2011 incident,” he wrote.

Bristol Hospital argued that because the doctor was not technically its employee, it should be exempt from the lawsuit. The judge disagreed.

“Although Dr. Oluwole was not an employee of Bristol Hospital, a trier of fact could conclude that Bristol Hospital exercised sufficient control over him to be liable for negligent hiring, retention, or supervision,” Underhill wrote.

Henry, her lawsuit says, reported the alleged sexual assault to her supervisor more than one year after it occurred. Eventually, the hospital's human resources department investigated the matter, and Oluwole was fired from BHMSG soon after.

Henry's lawsuit seeks compensatory and punitive damages.

Hospital spokesman Chris Boyle declined to comment because the matter is pending.

Representing Henry is Hartford solo practitioner Richard Gordon, who did not respond to a request for comment Friday.

Representing Bristol Hospital are Jackson Lewis attorneys James Shea and Sara Simconidis and Ashley Totorica of Stamford's Ogletree, Deakins, Nash, Smoak & Stewart. None of the attorneys responded to a request for comment Friday.