In Morgan v. Stubblefield (1972) 6 Cal.3d 606, the Supreme Court reversed the jury verdict in favor of the contractor on its indemnity cross-complaint where the contractor had created a hole on a level concrete floor and left the hole uncovered. Finding that the contractor was actively negligent as a matter of law it stated: "Here, by contrast, the general contractor negligently created a condition which was a proximate cause of the accident. The conclusion is inescapable that the general contractor participated in an affirmative act of negligence which caused the injury and, therefore, its conduct may not be characterized as merely passive." (Id.)