Walker sued in fatal Buharp crash (with LAWSUIT)
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The complaint alleges that Herman Walker and his wife, Tempa, divorced in order to shield assets
August 20, 2008 - 6:50PM
Kimberly White
Daily News
DeFUNIAK SPRINGS - A lawsuit filed late last week charges that a divorce between Herman Walker and his wife, Tempa Walker, which gave her $7.5 million in assets, is an attempt to circumvent potential lawsuits arising from a fatal car accident in July.
The lawsuit, filed Friday by attorneys with Niceville law firm Powell & Swanick, seeks wrongful-death and personal-injury damages on behalf of Shannon Buharp, whose husband died in the accident, and Katie Johnson, who suffered critical injuries.
The lawsuit also seeks to void the transfer of assets between the Walkers, as well as "damages for civil conspiracy."
"We believe that this divorce scam is nothing more than an attempt to deprive our clients of their constitutional rights, and we intend to prove that to a jury," said attorney David Swanick. "Instead of worrying about himself, Mr. Walker should be worried about the families whose lives have been changed forever by his carelessness."
Herman Walker and Tempa Walker are named as defendants. Tallahassee attorney Sherry Walker, Herman Walker's niece, is representing him as the personal family attorney.
She said through a spokesperson that she has not seen the lawsuit and could not comment on the case.
The attorney representing Herman Walker on the traffic violation, Don Pumphrey Jr., said in e-mail that the Walkers' divorce is "a case of unfortunate timing. Mr. and Mrs. Walker were discussing divorce for some time before the accident, but the paperwork wasn't actually filed until after (the accident)."
On July 29, less than three weeks after the accident, Tempa Walker filed for divorce in Jefferson County. The Walkers live in Walton County.
The 38-year marriage was dissolved 10 days later on Aug 8, according to court records.
According to the lawsuit, the couple's assets were divided as part of an uncontested marital settlement agreement and incorporated in the final judgment. Swanick said the transfer already is complete.
The lawsuit says the proceeding "is completely unheard of in divorces involving this amount of money."
However, Robert R. Plaines, acting circuit judge in Jefferson County, who oversaw the divorce proceedings, said through a court spokesperson that he performed the divorce according to Florida Statutes.
Scott Rubin, who chairs the Florida Bar's family law section, said a quick divorce and division of assets is rare, but not unheard of.
"It is absolutely unusual," he added. "It is not the norm, but I have seen it happen."
He said divorce proceedings can sometimes happen quickly when the couple has already agreed on a division of assets before filing for divorce. Also, judges will sometimes allow couples to waive the typical 30-day waiting period when both parties are represented by an attorney, "they've been living apart for a time and there are no minor children."
Another explanation for a fast divorce that he has seen in the past, he said, "is the concept that it's better for my family, the wife and children, to be able to receive the benefit of my estate instead of the family that was injured in the accident."
Rubin also said that couples sometimes file for divorce in counties other than where they live in order to avoid publicity.
The lawsuit arises from a July 11 accident involving Herman Walker, a former Walton County commissioner, who was driving a tractor-trailer loaded with cattle feed when he lost control on a curve on State Road 2A north of DeFuniak Springs. The truck crossed the center line, overturned and slid into the driver's side of a Hyundai sport utility vehicle that was traveling in the opposite direction.
The driver of the SUV, 38-year-old Eric Buharp, was killed. His wife, Shannon, and two young sons, 10-year-old Hunter and 6-year-old Cade, were injured. Katie Johnson, a 9-year-old family friend who also was in the vehicle, suffered critical injuries.
Also on Aug. 8, according to the lawsuit, Herman Walker "proceeded to fraudulently transfer by Quit Claim Deed eleven (11) parcels of land to Defendant Tempa Lee Walker, constituting approximately 2,500 acres, all his cash and stock, while retaining only his 160-acre homestead (in Walton County), which is exempt from Plaintiffs' claim and one 50-acre parcel in Leon County, Florida, making him insolvent."
Herman Walker was scheduled to appear in court Wednesday and was expected to plead not guilty to a charge of driving left of the center line. However, the appearance has been continued to a later date.
Daily News Staff Writer Kimberly White can be reached at 654-6905 ext. 244.
Right on !!!
