Almost two months after a devastating motorcycle accident, Powhatan’s Judge Paul W. Cella is making progress in his physical recovery. The General District Court’s Judge for the 11th Circuit, Cella suffered a shattered pelvis, a broken shoulder, nine broken ribs and a broken thumb when he was struck by an automobile while riding his motorcycle on Route 360 late on the afternoon of March 11, 2008.

Cella was airlifted to VCU Medical Center with “serious but not life threatening injuries,” according to a Virginia State police report. The multiple pelvic fractures required the insertion of a metal plate and that, along with his other injuries, required an extended hospital stay.

Judge Cella was then transferred to the Westport Health Center for outpatient care and observation. On May 1, he moved to a private home. Since Cella was confined to a wheelchair at the time, the one-story home was equipped with a ramp.

As of May 8, “I am able to walk a little using a walker,” Cella said “and put weight on my left leg.” He is scheduled to return to MCV on May 27 for X-rays and an evaluation of his right leg.

“Hopefully I’ll be cleared to start putting weight on the right leg then.”

Mentally, Cella exhibits a commendable resiliency. “I didn’t suffer any head injuries and I can begin to see that I’m returning to a normal life.”

How does he see his prognosis? “I’m doing fine. I’m making progress and recovering. I should be back to work this summer,” he stated.

The accident occurred when 82-year-old Virginia Mitchell failed to yield, according to Virginia State Trooper D.J. Wilson.

Mitchell was fined and points applied to her driver’s license.

Under current Virginia Law SB 909 that is the maximum penalty for running a red light or stop sign and causing property damage, bodily injury or even death. This includes instances when the driver is convicted of reckless driving.

The Virginia Coalition of Motorcyclists has been working with the Virginia General Assembly for the past three years to pass new legislation which would put some teeth into the penalty phase of SB 909.

VCOM Director Jim Cannon admitted that the efforts have been fruitless, to this point, and “pretty frustrating.” Virginia senator Mark Obenshain became an ally and sponsored the beefed-up bill when a constituent was killed by a woman who crossed over double yellow lines and made a right turn across two lanes of traffic. The woman who caused that accident was cited for “failure to yield.”

Under the current law vehicular homicide or vehicular manslaughter only applies if the act which caused the death can be proved to be intentional.

VCOM and Obenshain’s third attempt at new legislation did get out of the Senate for the first time this past year, but died in the House of Representatives. “We’re regrouping,” said Cannon “and we’ll have a new plan of attack for November; the first time we can resubmit.