Claims based on allegedly negligent conduct can not succeed where the defendant did not owe a legal duty to the injured party. Fisher v. M Spinelli Sons Co., Inc., 9 Mass. L. Rptr. 638, 1999 WL165674, * 3 (Mass.Super.) (Kottmyer, J.), citing Lyons v. Morphew, 424 Mass. 828, 833 (1997).