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Two lawyers, Chen and Diaz, practiced as a general partnership under the name C&D Legal Services. They employed a paralegal to deliver signed filings to court. While making a filing delivery for the firm, the paralegal negligently struck a bicyclist. The bicyclist obtained a judgment against C&D Legal Services. The partnership's assets are not enough to satisfy the judgment.
The bicyclist now seeks to collect the unpaid amount from Diaz personally. Diaz did not hire the paralegal, was not present during the accident, and had no role in the filing delivery. Diaz argues that only Chen, who supervised the paralegal that day, can be personally liable.
(a) May the bicyclist collect from Diaz personally?
(b) If Diaz pays more than Diaz's share, what internal rights may Diaz have?