Judge Gerald Mager – 1934-2026

Judge Gerald Mager, considered the Father of Comparative Negligence in Florida, passed away on October 13, 2026.  He leaves a loving wife of 70 years, and 4 successful children and 5 grandchildren. He was known throughout Florida for his quiet professionalism, disciplined legal mind, and steady commitment to public service. Judge Mager served as a mediator, arbitrator, special master and associate trial and appellate judge. His son, Scott, speaking for the family, said that he was a great father, a great legal mind and a great person.

He was a graduate of the University of Miami (and Georgetown) Law School back in 1956 and 1959, completing law school in just over 2 ½ years.

Judge Mager served as an Assistant Attorney General from 1959-67, and as General Counsel for Governor Claude Kirk, bringing trusted counsel, careful judgment, and a deep respect for the responsibilities of government. He handled virtually all the Governor’s strategies, including the “war on crime” and the “governor’s club” investigation, and was the primary spokesperson for press conferences and statements to the media on policy decisions and legal actions, as well as directing all litigation.

He was appointed to the Fourth District Court in 1970 as one of the youngest appellate judges in the country, and he was one of the original judges appointed to the bench and thereafter elected. He later served as Chief Judge of the Fourth District Court of Appeal, where he was respected for his fairness, integrity, and measured approach to justice.  His opinions were widely respected and still have importance today.

In one of his more famous opinions, he opined in Jones v. Hoffman, 272 So. 2d 529 (Fla. 4th DCA 1973), that Florida should adopt the doctrine of comparative negligence.  Judge Gerald Mager acted courageously, explaining that contributory negligence was an outdated and grossly unfair process, and that Florida should have a comparative negligence standard, where the relative negligence of the parties is reflected based upon the jury’s determination of the respective fault of the Plaintiff and Defendant(s).  He also certified the question to the Supreme Court, who approved the use of comparative negligence from that point on.  Following the opinion, comparative negligence was widely adopted/accepted throughout the country.  He wrote hundreds of opinions over his life with the Court.  He said that there was no occupation better than being a judge, and that he was moved to tears about being able to serve as a Judge on the Fourth District Court of Appeal.  He loved the Court and still read its opinions for decades after his formal service there.  He also considered himself “extremely lucky” to be asked to sit on the Court later as a guest judge.

The Fourth District Court of Appeal, through the generous efforts of present Chief Judge Jonathan Gerber, has directed that flags at the Court will fly at half-mast for the week, in honor of Judge Mager’s service.

In addition to his judicial and governmental service, Judge Mager served as an associate trial judge and senior judge at the trial court level, reflecting his total commitment to the law and justice.  He was also a wonderful advocate for women in the law.

Judge Mager's work extended beyond the courtroom. He contributed to professional discussions of judicial ethics, wrote about judicial conduct for The Florida Bar Journal, and participated in educational programs for members of the Broward County legal community. In later years, he continued working in the legal profession through private practice and dispute resolution, including mediation and arbitration.

He was also a well-regarded mediator, known for his work on the largest of cases and disputes, helping others resolve disputes with patience, clarity, and a focus on workable solutions. Colleagues and those who appeared before him often described him as thoughtful, principled, and genuinely committed to doing things the right way.

He was a philanthropist and lover and supporter of the arts and served on the original founding Board of the Broward Center for the Performing Arts, bringing the theater and the greatest of music, theater and the arts to Fort Lauderdale.

He was a devoted husband and father. He is survived by the love of his life, his beloved wife of 70 years, Curly, and his children: Marc, Scott, Russ, and Seth.

A memorial service/funeral will be held on Sunday, October 18, 2026, at 10:30 a.m. at the Star of David Cemetery and Funeral Chapel at 7701 Bailey Road, North Lauderdale, FL 33068 (954) 722-2000.  In lieu of flowers, the family requests donations to the Broward County Bar Association (https://www.browardbar.org) or call 954-764-8040 and push 7 if the donation page has not yet been set up.

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