The Supreme Court of Georgia recently emphasized that the “trial of all issues of fact by a jury was not intended to be abrogated by the summary judgment statute. . . The summary judgment is a vital provision to accomplish its worthy and obvious objective, to avoid frivolous delays in judgment, but it carefully preserves the province of a jury to decide issues of fact.” Ginn v. Morgan, 225 Ga. 192, 194 (167 SE2d 393).
The case law of Georgia as expressed by this court is in keeping with this mandate: “On motion for summary judgment, the movant has the burden of showing the absence of any genuine issue of material fact, and the opposing party is given the benefit of all reasonable doubts and all favorable inferences that may be drawn from the evidence. Holland v. Sanfax Corp., 106 Ga. App. 1, 4 (126 SE2d 442); International Brotherhood v. Newman, 116 Ga. App. 590, 592 (158 SE2d *881298). The movant ‘has this burden even as to issues upon which the opposing party would have the trial burden. And the moving party’s papers are carefully scrutinized, while the opposing party’s papers, if any, are treated with considerable indulgence.’ Colonial Stores, Inc. v. Turner, 117 Ga. App. 331, 333 (160 SE2d 672); 6 Moore’s Federal Practice (2d Ed.) 2853, § 56.23.” Sanfrantello v. Sears, Roebuck Ac Co., 118 Ga. App. 205, 206 (163 SE2d 256). See also Capital Automobile Co. v. G. M. A. C., 119 Ga. App. 186, 192 (166 SE2d 584); Boatright v. Padgett'Motor Sales, 117 Ga. App. 578, 581 (161 SE2d 402); Raven v. Dodd’s Auto Sales Ac., Inc., 117 Ga. App. 416, 420 (160 SE2d 633); Woody v. Ralston Purina Co., 117 Ga. App. 352 (160 SE2d 662).
Has Brunswick carried the burden of showing as a matter of law that no inference can be drawn from the evidence that Morris was in fact the alter ego of Brunswick? If the answer is negative, this issue must go to a jury. If the evidence authorizes an inference that the contract with Morris was not made by Brunswick in good faith but for the purpose of avoiding liability, the case should go to a jury. Talmadge v. Tift, 25 Ga. App. 639 (104 SE 91). If the evidence authorizes an inference that Morris was subject to Brunswick’s control, the case must go to the jury. Brown v. Smith A Kelly, 86 Ga. 274, 277 (12 SE 411, 22 ASR 456).
In his original answer Morris admitted in response to the plaintiff’s petition that he was an employee of Brunswick. However, after Brunswick’s answer was filed denying the same and alleging that Morris was an independent contractor, Morris then amended his answer so that it then conformed to Brunswick’s answer. This is an admission which can be offered in evidence at the trial even though Morris will have a right to explain it. Alabama Midland R. Co. v. Guilford, 114 Ga. 627 (1) (40 SE 794); Bynes v. Stafford, 106 Ga. App. 406, 408 (127 SE2d 159). It is contended that in view of the fact that this admission was stricken it cannot be considered on motion for summary judgment. The fallacy of this contention is that it fails to distinguish between a motion for summary judgment and a trial. In a trial, this admission must be introduced *882in evidence in order for the same to be considered by the jury. Sellers v. Sellers, 76 Ga. App. 410 (2) (46 SE2d 205). However, Code Ann. § 81A-156 (c) provides that the court shall, on motion for summary judgment consider “the pleadings, depositions, answers to interrogatories, and admissions on file . . These matters do not have to be introduced to the judge. Admissions refer to “any material that is on file” and the judge can “take judicial notice of the entire record.” 6 Moore’s Federal Practice 2146, 2208.
The formal contract between Brunswick and Morris was prepared by Brunswick and by its terms establishes the relationship of Morris as an independent contractor. It provides for execution of writings by the parties from time to time in the form of specific delivery orders designating work to be performed under the contract. The evidence discloses that Morris frequently did work for Brunswick without such writings being executed and that it was often done after the work had been completed, and there was no such writing for the work out of which the present action arises. Morris testified that all his work was for Brunswick except they let him haul for one other company “now and then” to try “to make a dollar.” He testified that he considered Brunswick “his primary employer”; that he considered Brunswick’s area manager to be “my district manager”; that when he paid the men under him, the money was supplied by Brunswick—-“It’s handed down to me and I hand it down to them”; and that the insurance for the men who worked under him was handled entirely by Brunswick. One of the men Morris supervised testified that Brunswick’s area manager (Hudspeth) came to this project and on this and other occasions “he would supervise operations generally and inspect the work that had been done”; that he “was the bossman” and in explaining this statement said “Mr. Morris gave affiant orders after talking to Mr. Hudspeth.”
The law is not impotent. It provides a means for determining whether a litigant has used a subterfuge to avoid its' mandate. The trial court erred in deciding this question as a matter of law. There is a genuine issue of fact as to whether Morris was an independent contractor or the mere alter ego of Brunswick.
*883 Judgment reversed.
Felton, C. J., Bell, P. J., Pannell and Deen, JJ., concur. Felton, C. J., also concurs specially. Jordan, P. J., Eberhardt, Quillian, and Whitman, JJ., dissent.