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Adams v. Liberty Mutual Insurance Company11/20/2003
, and call for no technical discretion or competence. See Leahy v. Local 1526, Am. Fedn. of State, County, & Mun. Employees, 399 Mass. at 349-350; Columbia Chiropractic Group, Inc. v. Trust Ins. Co., 430 Mass. 60, 62-63 (1999).
Similarly, an action for malicious prosecution is a common- law proceeding with which our courts have long-standing familiarity, since well before the creation of any administrative agencies. It focuses on "the right to be free from unjustifiable litigation," Carroll v. Gillespie, 14 Mass. App. Ct. 12, 18 (1982), quoting from Foley v. Polaroid Corp., 381 Mass. 545, 552 (1980), and on traditional tort issues of reasonableness, probable cause, and malice -- all concepts that courts have regularly dealt with and determined for generations and that require for their analysis and resolution no specialized knowledge or administrative expertise.
Disposition. Because Adams's claims were not subject to the exclusive remedy provision of the Workers' Compensation Act and did not have to be prosecuted to exhaustion at the DIA, they were properly before the court. Accordingly, we reverse the judgment entered in favor of Liberty and remand the matter to the Superior Court for further proceedings consistent with this opinion.
So ordered.
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