Lorrine Thomas sued Atlanta Medical Center after an emergency-room misreading of a cervical fracture allegedly caused spinal-cord compression and quadriplegia. The trial court granted the hospital partial summary judgment, finding that two physicians were independent contractors and that the hospital was not a joint venturer with the physicians or their practice groups. The Court of Appeals affirmed the ruling that the hospital was not a joint venturer, but vacated the independent-contractor ruling. The hospital had not shown that the record entitled it to judgment as a matter of law on the agency question, and the trial court had not conducted the analysis required to determine whether the hospital retained a right to control the manner in which the physicians provided medical services. The court also vacated summary judgment on an issue the hospital had not raised in its motion because Thomas lacked fair notice and an opportunity to respond. The case was remanded for the required agency analysis and further proceedings. Two judges concurred.