Alfaro

*1119 INTRODUCTION

This is the second appeal arising out of a lawsuit by plaintiff Elizabeth Alfaro, 1 in which she alleged that she developed mesothelioma as a result of exposure to asbestos contained in talcum powder products. Her claims for negligence and strict product liability proceeded to trial against two defendants, including appellant Colgate-Palmolive Company (Colgate), a talcum powder manufacturer. The jury found for Colgate on the issue of exposure. We previously affirmed that judgment on appeal.

Colgate now appeals the trial court's order granting Alfaro's motion to tax costs. Colgate argues it was entitled to costs as the prevailing party under Code of Civil Procedure section 1032, 2 as well as expert witness fees after Alfaro rejected an offer to compromise under section 998. The *493 court denied the entirety of Colgate's request for over $300,000 in costs, finding that Alfaro had no ability to pay and that it would be unjust to impose a large cost award under the circumstances. Colgate contends the trial court lacked the authority to exercise its discretion in this manner and, further, that Alfaro failed to present sufficient evidence of an inability to pay. We…