If Tests OK, 49ers’ Seay May Play

Mark Seay, who lost a kidney in a shooting, will be able to resume his football career at Cal State Long Beach if he is cleared in medical tests he will take next week, his attorney said Wednesday.

Seay’s lawsuit against the university has been settled out of court, according to his attorney, Richard Foster.

As part of the settlement, the university will allow Seay to play if tests show that his remaining kidney has stabilized and is working properly. The test results are expected in seven to 10 days.

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

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.

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

Last July, the university told Seay that he could not 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 that would have ordered school officials to let him play for the 49ers last season. The judge said there wasn’t enough proof that Seay’s remaining kidney was functioning properly.

Foster said that a test two weeks ago revealed that Seay’s creatinine clearance--a measure of kidney function--was within normal limits.

Long Beach Coach George Allen said recently that he hoped he would have Seay on his team.

University officials could not be reached for comment.