The township road was controlled by stop signs where it intersected the county road. The county road was a through road with no stop signs at the intersection in question. Both roads are graveled, designated as low-volume, and serve a rural area that is mostly farmland. The land surrounding this right-angle intersection is flat. The township and county are alleged to be liable because they did not cut tall weeds that impaired both drivers' views of traffic on the intersecting roadway.
All parties agree, however, that the stop sign on the township road was unobstructed.
In 1993, the county's mowing policy required that it attempt to make at least one cut along county roads by the first week of July. Bad weather and equipment failure, however, sometimes altered the mowing schedule. County employees were instructed to make mowing decisions based on the cost of cutting sight triangles. In 1993, the county had four tractor-mowers and over 600 miles of road. In the summer of 1993, a county employee attempted to mow the intersection but culvert construction on County Road 71 prevented him from reaching it.