Mark Martin Turner
Senior CounselI began practicing law in 2002. I spent over 13 years with the Cleveland firm of Gallagher Sharp, primarily as a litigator, before venturing on my own and then landing at The Gertsburg Law Firm in 2017. Before becoming an attorney, I worked as a financial manager for a small business after earning his MBA. My experience allows me to understands the challenges facing small business owners, allowing me to advise, as well as provide valuable legal information. With over 20 years’ experience in the business and legal worlds, I strive to find timely cost–effective solutions rather than spending valuable resources to win at all costs. In the past I have represented a diverse array of clients from Fortune 500 companies to small business and individuals. My practice includes litigation, business advising, non-profit consulting and probate. My business background and legal training offers a unique set of skills to help protect and grow businesses, ensure contract proposals are properly drafted and current contracts are fair, mitigate risks and analyze the cost/benefit of new endeavors. Beyond the practice of law, I am the proud father of two active children. I remain active in several non-profit organizations including being a board member of Open Doors Academy and legal advisor for Third World Books. Having played hockey my entire life, I currently coach youth hockey in Cleveland Heights and still takes to the ice competitively myself.
- Business Law
- Consumer Law
- Probate
- Non-Profit Law
- General Civil Litigation
- Free Consultation
A 30 min free in office consultation is available to prospective clients - Credit Cards Accepted
- Contingent Fees
- Ohio
- 6th Circuit
- English: Spoken, Written
- Senior Counsel
- The Gertsburg Law Firm Co, LPA
- - Current
- Principal
- Law Office of Mark M Turner, LLC
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- Attorney
- Gallagher Sharp
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- The Ohio State University Michael E. Moritz College of Law
- J.D.
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- Canisius College
- MBA (1993) | MBA with focus in Health Care Management and Finance
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- Case Western Reserve University
- B.A. (1990) | History and English
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- Risining Star
- Ohio SuperLawyers
- Ohio State Bar # 0075516
- Member
- Current
- Responding to Third Party Subpoeans
- Play It Safe
- Q. I purchased a shower surround wall and base from a local Lowes store in 2015. It is leaking in two cracked places.
- A: Your recourse depends on a few different issues. First, when it was installed, did the installer provide you a warranty? 2nd, what is the reason it is cracked and leaking? 3rd, does the product itself about warranty? If the cracks or because of misuse by the consumer, you may not have any recourse. If the cracks are due to a defect in the product, you then need to look at the product warranty. The warranty should state the period of time it is good for and what is covered. Manufacturer can warrant only the product itself and not the removal or installation of a new product. If the cracks are due to faulty installation, then you would have a cause of action against the installer. That would be a consumer claim for breach of contract and breach of the warranty to install in a workmanlike manner. Such a claim can include triple damages as well as attorney's fees being paid by the installer.
- Q. Can I sue a carpet co. for installing carpet through out house and causing damage to carpet, doors and walls.
- A: The simple answer is probably yes under the Ohio Consumer Sales Practices Act (CSPA) and for Breach of Contract and/or Warranty. The installers did not perform in a workman like manner and caused damages. The CSPA has a 1 year statute of limitations and does have a provision that allows for the payment of attorney fees. You should contact an attorney in your area
- Q. Transferring ownership of single member LLC from father to son in Ohio, what needs to be done for this to happen?
- A: In addition to the previous answer, you should also review all of the LLC's contracts, leases, loans and other agreements to see if you have any personal guarantees that need to be transferred. In addition, make sure you contact your insurance agent. There may be some need for you as the father to carry tail insurance, depending on the type of business you are transferring, as well as making your son an additional insured on policies going forward.
- Q. Can a car dealership come back and ask you for a co-signer once they have approved you for a loan, you have signed.
- A: Maybe. If the dealer required you to sign a spot loan agreement they may be able to do that. Such an agreement in essence states that you can have the car but your loan is under consideration and not yet approved. If you did not have such an agreement, or if you have documentation that the loan has already been approved, the dealer cannot do this. Even with a spot loan agreement, the dealer must be using it properly, and not as a way to deceive the consumer
- Q. Can a private music teacher force one to continue paying for lessons if one decides to discontinue the lessons?
- A: As with all contract questions, the answer to this depends on what is written on the contract. If the contract states that you must pay for 10 lessons and the student quits after 5, you will most likely be responsible to pay for the remaining 5 unless the contract itself has a clause that permits the parties to cancel the contract upon some sort of notice. However, in this case you should check with the school district. If they have employed a poor teacher, there may be a way out of the contract. In all likelihood, the teacher has a separate contract with the district which may have additional language that permits cancellation of the contract. You can also contact the Teachers school and complain to the music department or other administrator or professor of the grad students conduct. They may be able to put some pressure on her to agree to cancel the remainder of the contract
