Alabama high court hears dispute over whether municipal notice statute bars child-abuse claims tolled by state law

May it please the court. Appellants asked the Supreme Court of Alabama to preserve the civil claims of two sisters who were minors when they say they were sexually abused, arguing that Alabama—s tolling statute for child victims, Ala. Code —7-2-8(b), extends a minor—s time to sue and should not be cut off by the municipal notice-of-claim requirement in Ala. Code —1-47-23. "An Alabama child should not lose their rights to justice before they are even old enough to walk into a courthouse," appellants' counsel said during oral argument (01:40).

In a compacted hour of argument, counsel for the cities urged the court to apply long-standing precedent, including Pardon v. City of Huntsville and City of Birmingham v. Weston, which courts have read to require compliance with the six-month municipal notice-of-claim rule even for minors. Counsel for the City of Irondale told the court that the specific notice statutes are a condition precedent tied to municipal immunity and that allowing a broad exception would upend the legislature—s policy…