Settlement May Clear Way for Seay to Resume Football

Mark Seay, the Cal State Long Beach wide receiver who lost a kidney in a shooting, has settled his legal differences with the university and may be able to resume his football career, his attorney said Wednesday.

As part of the out-of-court settlement of Seay’s lawsuit, the university agreed to allow Seay to play again if he is cleared in medical tests next week, said his attorney, Richard Foster.

“We’re pretty confident that Mark will be on the field,” Foster said.

The tests will determine whether Seay’s remaining kidney has stabilized and is working properly, the attorney said. Both sides have agreed not to discuss specifics of the settlement, according to a prepared statement disclosing the settlement.

Seay lost his right kidney after he was shot by a suspected gang member at a children’s Halloween party in 1988. He became a hero for shielding his 2-year-old niece from the gunfire.

Last July he was told by the university that he couldn’t play because the risk of injuring his remaining kidney was too great.

He sued the school, but in September U.S. District Judge Ronald S.W. Lew denied Seay’s request for an injunction ordering school officials to let him play for the 49ers last season. The judge said the evidence was unclear whether Seay’s remaining kidney was functioning properly.

The case had been expected to proceed to trial this month.

Foster said that a test two weeks ago by C.C. Calescibetta, a Long Beach kidney specialist, revealed that Seay’s creatinine clearance--a measure of kidney function--was functioning within normal limits. A test last July by Stewart W. Shankel, kidney specialist at Loma Linda University, yielded a similar conclusion.

Foster would not identify the doctor who will perform the tests, but said it would not be Calescibetta, Shankel or Robert Austin, the university doctor.

In the 1988 season, as a sophomore, Seay caught 31 passes for 480 yards in eight games.

George Allen, the new 49er coach, had said recently that he hoped he would have Seay on his team. Neither Allen or other university officials were available to comment.