The restaurant Berries of the Grove in Miami boasts Belgian waffles, steak and Nutella pizza on its online menu. However, its name may now become center stage for arguments in COVID-19 litigation.

Berries sued its insurer, Sparta Insurance Co., after it submitted a claim in December 2014 related to dust and debris generated by nearby roadway construction. Berries alleged there was construction at different locations along SW 27th Avenue in the general vicinity of the restaurant. Due to the construction, Berries performed daily cleaning using its normal cleaning methods, including dust pans, hoses, rags, towels and blowers. The restaurant maintained that customer traffic decreased as a result of the roadwork.