Marsh pilot says he flew former CEO to see mistresses

Back to TopCommentsE-mailPrintBookmark and Share

Don Marsh’s personal pilot told jurors Monday morning that he ferried the former CEO of Marsh Supermarkets Inc. to New York City at least twice a month in a year’s span to visit one of his mistresses.

Pat Boggs began working for Marsh Supermarkets on a contract basis in 1995 and became the locally based supermarket chain’s chief pilot in August 2000, the same year he says he frequently flew Don Marsh to New York City.

Marsh’s trips, many of them via the company jet, are at the crux of a civil lawsuit brought by the supermarket chain. It accuses him of using company funds to pay more than $3 million in personal expenses. Marsh, 75, spent 38 years leading the public company before it was purchased by Florida-based Sun Capital in September 2006.

Don Marsh has testified that he put Nadia Kovarskaya up in a New York City apartment as he considered whether Marsh Supermarkets should sponsor a U.S. tour of her Russian ice ballet.

Boggs told jurors that he flew Marsh to see Kovarskaya at least twice a month during 2000, and shuttled her to Indianapolis once. Kovarskaya is listed among the dozens of witnesses expected to testify, either in person or by written deposition, in the trial expected to conclude at the end of the week. The federal court proceedings began Feb. 4.

The pilot also testified that he flew Marsh to Smyrna, Tenn., about five times. Though Boggs said he didn’t know the reason for the trips, Marsh has testified he frequently visited an old high school friend there with whom he also had an affair. He also has admitted to at least two other flings.

Becky Foxworthy, Don Marsh’s former travel manager, also testified Monday morning. She left the company in September 2006, after the sale to Sun Capital.

Sun Capital terminated Don Marsh’s contract “without cause” when it took over, then stopped paying his severance in 2008, after it claims it discovered the extent of personal expenses charged to the company.

Don Marsh is countersuing Marsh Supermarkets, asserting the company improperly halted his post-retirement payouts in 2008 and owes him more than $2 million.

Also testifying Monday morning was Patricia Allen, a current Marsh employee who once served as the administrative assistant to Marsh’s son David. He worked under his father as president.

Marsh Supermarkets launched a legal fight against David in 2006 after he sued the company, alleging it shorted him $102,000 on his $2.1 million severance package. The company shot back that he had used the company “as his personal checkbook,” submitting expenses from family trips, and must repay more than $750,000. The parties reached a confidential settlement in 2007.

Monday morning’s proceedings followed testimony from a key witness Friday.

Stephen Huse, an owner of St. Elmo Steakhouse and former director of Marsh Supermarkets, said Friday that he recalled that Don Marsh had resisted a sale to Sun Capital, even though the company was in serious financial trouble.

“We couldn’t get his focus on the sale as much as we wanted to, and his travel was too much,” Huse said. “We needed him there seven days a week, 13 to 14 hours a day.”

As the sale of the company neared, directors attempted to reel in Marsh’s extensive travel by only reimbursing him for trips within Indiana and to Illinois and Ohio, where Marsh had stores.

During his testimony, Huse said he has the utmost respect for Marsh and trusted him to reimburse the company for personal expenses. He said directors were more concerned about company revenue and profits and left management to oversee expenses.

Huse told the jury that most every trip Marsh took included some element of business.

“Don didn’t lay around beaches or go to bars,” Huse said. “Don can’t relax. It’s not in his DNA. That’s just the way he is.”

Originially published in the IBJ Daily, a sister publication to Indiana Lawyer.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.