IN THE IOWA DISTRICT COURT FOR WRIGHT COUNTY
PETITION AT LAW AND DEMAND FOR JURY TRIAL
GRACIELA LUCIO, Plaintiff
Vs.
DANIEL JOSEPH
ALDRICH-SCHUMANN AND STEPHANIE ROSE PRESCOTT, Defendants
CASE NO. LACV025317
COMES NOW the Plaintiff, Graciela Lucio, and for her cause of action states:
1. On or about August 25, 2022, at approximately 7:45 p.m., Daniel Joseph Aldrich-Schumann (referred to herein as “Aldrich-Schumann”) was driving a Chevy Tahoe in Belmond, Wright County, Iowa, owned by Stephanie Rose Prescott (referred to herein as “Prescott”).
2. Aldrich-Schumann was driving the Chevy Tahoe northbound on Washington Avenue when he approached the stop sign at 130 th Street and jumped from the vehicle before it entered the intersection.
3. The Plaintiff, Graciela Lucio (referred to herein as “Lucio”) was driving her Ford F150 pickup truck on 130 th Street when, at the intersection with Washington Street, the Chevy Tahoe entered the intersection, struck her vehicle causing it to go into the northeast ditch of 130 th Street.
4. At all times relevant hereto, Graciela Lucio was a resident of Belmond, Wright County, Iowa.
5. At all times relevant hereto, the Defendant, Daniel Joseph Aldrich-Schumann, was a resident of Belmond, Wright County, Iowa.
6. At all times relevant hereto, the Defendant, Stephanie Rose Prescott, was a resident of Klemme, Hancock County, Iowa.
7. At all times relevant to the collision, Aldrich-Schumann was driving the Chevy Tahoe with the knowledge, consent and permission of Prescott.
8. Aldrich-Schumann was negligent in one or more of the following respects:
a. For failure to obey a traffic control device, in this case a stop sign, and yield;
b. For intentionally doing an unreasonable act in disregard of a risk that is known or so obvious that it should have been known making it highly probable that harm would follow;
c. For recklessly driving the Chevy Tahoe in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property, in violation of Iowa Code section 321.277 and common law;
d. For failure to drive at a careful speed not greater than nor less than was reasonable and proper, in violation of Iowa Code section 321.285 and common law;
e. For driving the Chevy Tahoe at a speed greater than would permit him to stop within the assured clear distance ahead, in violation of Iowa Code section 321.285 and common law;
f. For failure to use ordinary care when the road conditions required less than the statutory speed limits, in violation of Iowa Code section 321.285 and common law;
g. For failure to have the Chevy Tahoe under control, in violation of Iowa Code section 321.288(3) and common law;
h. For failure to keep a reasonable and proper lookout, in violation of Iowa Code section 321.285 and common law;
i. For failure to yield right of way; and/or
j. For failure to act as a reasonable driver under the existing circumstances.
9. As a result of the collision and negligence, Lucio sustained temporary and permanent physical and mental injuries and the following damages:
a. Past, present and future medical expenses;
b. Past, present and future disability, loss of function of full mind and body, and disfigurement;
c. Past, present and future physical and mental pain and suffering and loss of enjoyment;
d. Past, present and future lost wages and benefits; and
e. Past, present and future lost earning capacity.
10. As a result of the collision and negligence, Lucio sustained damage to her vehicle.
11. The Defendants’ negligence is the sole or a concurrent proximate cause of Lucio’s injuries and damages.
12. The Defendants are liable, jointly and severally, to Lucio for all damages incurred as a result of their negligence.
13. Lucio is entitled to judgment for damages against the Defendants jointly and severally.
14. The amount of damages incurred by Lucio exceeds the jurisdictional requirement.
WHEREFORE, Graciela Lucio respectfully petitions the Court to enter judgment herein against the Defendants, jointly and severally, in her favor for a fair and reasonable amount for the damages set forth above, together with the costs of this action, post-judgment interest and any and all other relief allowed by law.
DEMAND FOR JURY TRIAL
15. Lucio hereby demands a jury trial.
THE JOHNSON LAW FIRM, PLC
/s/ David R. Johnson
David R. Johnson
216 N. Commercial Ave
P.O. Box 109
Eagle Grove, Iowa 50533
Telephone: 515-448-9020
Email: david@johnsonslawfirm.com
ATTORNEYS FOR THE PLAINTIFF,
GRACIELA LUCIO
Published in the Wright County Monitor on March 20, 27, April 3, 2025