In Walpole v. Lockhart, 6 A.D.3d 1087, 775 N.Y.S.2d 640 (4th Dept 2004) a bus allegedly discharged a woman passenger at an unsafe location. The woman then crossed a traveling lane where she was struck and killed by another vehicle. Walpole, 6 A.D.3d at 1087-88, 775 N.Y.S.2d 640. The plaintiff was the driver who struck the woman, apparently suing for his psychological injuries arising from the accident. Id. The court held that the driver's claim against the bus did not arise out of the intrinsic nature of the bus, noting that the bus was neither the proximate cause of the accident nor the actual instrumentality which produced the injury. Id. at 1088, 775 N.Y.S.2d 640.