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SEATTLE - Barbara Clinton is keeping vigil at her stepfather s bedside at Harborview Medical Center. She says even at 90 years old he was still very sharp, still driving, active in his church and happily married.

They re 90. They re enjoying life, she says.

But on Tuesday that was all turned upside down. Henry Oslund was run over three times by a man driving an SUV at a Hoquiam 7-11.

He backed into him, knocked him to the ground. Ran him over, ran him over. Went forward and ran him over again, said Clinton.

The man behind the wheel was driving without insurance. Police say it was all a terrible accident and because the laws are different for incidents on private property they did not arrest or even ticket the driver.

It's an outrage to Oslunds s family.

There's no repercussions for anything and what s gonna happen if my dad dies? Will he be charged with vehicular assault? Murder? Anything? said Clinton.

What s more, the driver has a history of driving without insurance. He was ticketed both in 2004 and 2007. He was also arrested for drunk driving in 2006.

He could ve killed my dad, says Clinton. It s illegal what he is doing.

Clinton's mother was planning to celebrate her 90th birthday Tuesday when her husband was critically injured. He suffered a crushed pelvis, broken hips, internal bleeding and other injuries. Now the family is simply praying that Henry Oslund survives.

He s a fighter, says his stepdaughter. I think he s gonna make it, said Clinton.

Hoquiam Police Chief Jeff Myers says the case is under review but as it stands now, because the driver was not drunk or being negligent and because the accident happened on private property, there are no charges or even a traffic infraction against the driver.

This is a tragic case where the criminal justice system doesn't always have an answer for a family, said Myers.

In the meantime, Oslund's family says his insurance will pay for much of his no doubt very expensive hospital stay, but not all of it. They worry about the bills that will come due. Right now, though, they say they re just focused on his recovery.

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